3.2 Introduction to Domestic Governing and Regulatory Bodies | Jack Goldsmith and a Berkman Center Cybersecurity Team | July 27, 2012


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3.2 Introduction to Domestic Governing and Regulatory Bodies

by Jack Goldsmith and a Berkman Center Cybersecurity Team Show/Hide
Purpose: To provide an overview of U.S. regulatory bodies that influence and shape the cyber-domain both domestically and throughout the world. EDIT PLAYLIST INFORMATION DELETE PLAYLIST

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  1. 1 Show/Hide More 3.2.1 Overview
    Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
    Provide an understanding of the overall structure of the U.S. response to the cybersecurity issues.
    1. 1.1 Show/Hide More Lawrence B. Solum, Models of Internet Governance, Illinois Public Law Research Paper No. 07-25, U Illinois Law & Economics Research Paper No. LE08-027, September 3, 2008
      This article takes a broad view of Internet governance, presenting three central ideas regarding Internet governance and five different models to Internet governance.
    2. 1.2 Show/Hide More Jeremy Ferwerda, Nazli Choucri, and Stuart Madnick, Institutional Foundations for Cyber Security: Current Responses and New Challenges, Working Paper CISL# 2011-05, May 2011
      This article examines the institutions responsible for addressing the security of cyberspace and international relations in the cyber-domain. It highlights emerging challenges while evaluating the strengths and weaknesses of the current institutional framework.
    3. 1.3 Show/Hide More Paul Rosenzweig, The Organization of the United States Government and Private Sector for Achieving Cyber Deterrence, Proceedings of a Workshop on Deterring Cyberattacks: Informing Strategies and Developing Options for U.S. Policy, pp. 245-270, 2010
      This discusses the general taxonomy of deterrence structures and U.S. efforts to develop organizations to provide capabilities amongst the different aspects of deterrence. It also discusses difficulties in cyberspace that give rise to the organizational challenges and provides recommendation for the U.S. government on how to approach these issues in the future.
    4. 1.4 Show/Hide More Abraham D. Sofaer, David Clark, and Whitfield Diffie, Cyber Security and International Agreements, Proceedings of a Workshop on Deterring Cyberattacks, pp. 179-206, 2010
      This piece discusses how the threats to cybersecurity are currently being approached at the private, national, and international level, then demonstrates the potential for increased international cooperation. It also covers how to fashion effective international initiatives and the difficulties in such negotiations.
  2. 2 Show/Hide More 3.2.2 Relevant Domestic Organizations, Policies, and Strategies
    Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
    Provides an introduction and broad overview of the major organizations, policies, and strategies involved in domestic cybersecurity policy-making and approaches, including: The White House (WH), Congress, The Department of Defense (including CYBERCOM and National Security Agency), the Department of Homeland Security (DHS), and the Federal Bureau of Investigation (FBI).
    1. 2.1 Show/Hide More The White House
      Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
      The White House’s interest and involvement in cybersecurity has grown and evolved since President Clinton issued Presidential Decision Directive 63 (PDD-63) in 1998.
      1. 2.1.1 Show/Hide More The White House, International Strategy for Cyberspace, May 2011
        This document outlines how the United States will work internationally to promote an open, interoperable, secure, and reliable information and communications infrastructure to support international trade and commerce, strengthen international security, and foster free expression and innovation.
      2. 2.1.2 Show/Hide More Eric Chabrow, The Cybersecurity Czar Who Wasn't, GovInfo Security, 2 June 2012
        This piece provides a retrospective on the tenure of Howard Schmidt (White House's first cybersecurity coordinator). It also provides insight into the cybersecurity coordinator’s role in the administration, as well as challenges inherent to the position.
    2. 2.2 Show/Hide More Department of Defense
      Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
      The DoD encompasses much of the U.S. government’s technical expertise to both respond to cyber-incidents, as well as conduct and defend against cyberattacks; it includes both the NSA and CYBERCOM.
      1. 2.2.1 Show/Hide More Department of Defense, Strategy for Operating in Cyberspace, July 2011
        This is an overview of the DOD’s five strategic initiatives regarding cyberspace: to treat cyberspace as an operational domain; to employ new defense operating concepts; to partner to enable a whole-of-government cybersecurity strategy; to build robust relationships allies and international partners; and to leverage ingenuity through an exceptional cyber workforce.
      2. 2.2.2 Show/Hide More Department of Defense Cyberspace Policy Report, November 2011
        This document identifies five distinct, but interrelated strategic initiatives to support DoD’s cyberspace operations and its national security mission: Treating cyberspace as an operational domain; employing new defense operating concepts to protect DoD networks and systems; partnering closely with other U.S. Government departments and agencies and the private sector; building robust relationships with U.S. Allies and international partners to enable information sharing; leveraging the Nation’s ingenuity by recruiting and retaining an exceptional cyber workforce and enabling rapid technological innovation.
      3. 2.2.3 Show/Hide More The Secretary of Defense, Establishment of a Subordinate Unified U.S. Cyber Command Under U.S. Strategic Command for Military Cyberspace Operations, 23 June 2009
        This document from the Secretary of Defense directed the Commander of U.S. Strategic Command to establish the subordinate unified command, U.S. Cyber Command.
      4. 2.2.4 Show/Hide More Statement of General Keith B. Alexander, Commander, United States Cyber Command, before the House Committee on Armed Services, 23 September 2010
        This testimony describes what is happening at US Cyber Command by providing an overview of the current status of the command and by describing the plan for moving forward in accomplishing the assigned mission.
      5. 2.2.5 Show/Hide More William A. Owens, Kenneth W. Dam, and Herbert S. Lin, editors, Committee on Offensive Information Warfare, National Research Council; Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities; Pages 161-187, 2009
        This document discusses cyberattacks in the context of U.S. military doctrine, the DoD’s organization, rules of engagement, operational planning, human capital, and weapons systems acquisition. It also provides both historical perspective (1999 and on) and hypothetical examples to support its arguments.
    3. 2.3 Show/Hide More Department of Homeland Security
      Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
      The DHS is responsible for responding to domestic cybersecurity incidents and has made cybersecurity one of its five most important mission areas. Most versions of cybersecurity reform envision greatly expanding DHS’s cyber responsibilities.
      1. 2.3.1 Show/Hide More National Cyber Incident Response Plan, Interim Version, September 2010
        This document delineates the responsibilities among U.S. agencies in the event of a domestic cyber-incident. It demonstrates the number of agencies involved and the detailed interplay between them.
      2. 2.3.2 Show/Hide More Homeland Security Presidential Directive 5 , 28 February 2003
        This directive establishes the DHS as the lead agency to respond to domestic incidents, including acts of terrorism and disasters.
      3. 2.3.3 Show/Hide More Blueprint for a Secure Cyber Future, DHS, “How We Will Protect Critical Information Infrastructure” and “How We Will Strengthen the Cyber Ecosystem”2, December 2011
        This document provides a path to create a safer, more resilient cyber environment, and describes two areas for action: protecting critical information infrastructure and building a stronger cyber ecosystem. The goals for protecting critical information infrastructure are reducing exposure to cyber risk, ensuring priority response and recovery, maintaining shared situational awareness, and increasing cyber-resilience. The goals for strengthening the cyber ecosystem are empowering users to operate securely, implementing trustworthy protocols, building collaborative communities, and establishing transparent processes.
      4. 2.3.4 Show/Hide More Memorandum of Understanding Between the Department of Homeland Security and the National Security Administration Regarding Cyberspace, October 2010
        This MoU sets forth terms for the sharing of resources between DHS and NSA to support the U.S. Cybersecurity effort, including the co-locating of both NSA and CYBERCOM units within DHS’s National Cybersecurity and Communications Integration Center.
    4. 2.4 Show/Hide More Federal Bureau of Investigation
      Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
      The FBI maintains cyber squads at its field offices and leads the National Cyber Investigative Joint Task Force (NCIJTF), an interagency focal point for such cyber threat investigations and analysis.
      1. 2.4.1 Show/Hide More The Federal Bureau of Investigation's Ability to Address the National Security Cyber Intrusion Threat, U.S. Department of Justice, Office of the Inspector General, Audit Division., April 2011
        This report provides an review of the FBI’s cyber capabilities, to include the National Cyber Investigative Joint Task Force (NCIJTF), field office cyber squads, and cyber training policies.
    5. 2.5 Show/Hide More National Institute of Standards and Technology
      Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
      NIST is a non-regulatory federal agency within the Department of Commerce and promotes innovation and industrial competitiveness by advancing measurement science, standards, and technology. The NIST Laboratories conduct research in collaboration with industry to advances the nation's technology infrastructure.
      1. 2.5.1 Show/Hide More NIST Computer Security Division
        One of six divisions in the NIST Information Technology Lab, CSD’s mission is to provide standards and technology to protect information systems against threats to the confidentiality of information, integrity of information and processes, and availability of information and services in order to build trust and confidence in Information Technology (IT) systems.
      2. 2.5.2 Show/Hide More NIST Establishes National Cybersecurity Center of Excellence, 21 February 2012
        On 21 February 2012, NIST announced a new partnership to establish the National Cybersecurity Center of Excellence, a public-private collaboration for accelerating the widespread adoption of integrated cybersecurity tools and technologies.
    6. 2.6 Show/Hide More Federal Communications Commission
      Original Creator: Jack Goldsmith and a Berkman Center Cybersecurity Team
      The FCC regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories.
      1. 2.6.1 Show/Hide More Communications Security, Reliability and Interoperability Council (CSRIC) III
        The CSRIC’s mission is to provide recommendations to the FCC to ensure, among other things, optimal security and reliability of communications systems, including telecommunications, media, and public safety.

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May 21, 2013


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